Immigration Rules Change And Budget Deal Have Something In Common: Public Charges

UNITED STATES - FEBRUARY 07: Senate Majority Leader Mitch McConnell, R-Ky., right, and Senate Minority Leader Charles Schumer, D-N.Y., make their way to the Senate floor after announcing a two-year deal on the budget earlier in the day on February 7, 2018. (Photo By Tom Williams/CQ Roll Call)

Life is full of odd and darkly humorous juxtapositions if you pay attention. A new example connects immigrants, corporations, and the just-passed and signed budget plan.

The Trump administration is working on new rules that would allow the government to keep immigrants from settling in the US, or even force them to leave, if their families had used a broad swath of local, state, or federal social services to which they’re legally entitled — even enrolling their US-born children in Head Start or the Children’s Health Insurance Program (CHIP).

For purposes of determining inadmissibility, “public charge” means an individual who is likely to become primarily dependent on the government for subsistence, as demonstrated by either the receipt of public cash assistance for income maintenance or institutionalization for long-term care at government expense.

A number of factors must be considered when making a determination that a person is likely to become a public charge.

Under Section 212(a)(4) of the Immigration and Nationality Act (INA), an individual seeking admission to the United States or seeking to adjust status to that of an individual lawfully admitted for permanent residence (green card) is inadmissible if the individual, "at the time of application for admission or adjustment of status, is likely at any time to become a public charge." Public charge does not apply in naturalization proceedings. If an individual is inadmissible, admission to the United States or adjustment of status is not granted.

The benefits "must still be considered in the context of the totality of the circumstances" and benefits "received by one member of a family are also not attributed to other family members for public charge purposes unless the cash benefits amount to the sole support of the family."

Under the existing rules, "public cash assistance for income maintenance" could include Temporary Assistance for Needy Families (TANF) cash benefits, Supplemental Security Income (SSI), state and local cash assistance programs, and other cash programs aimed at "income maintenance." However, heating cost assistance, benefits under the Child Care and Development Block Grant Program, some educational assistance, and food stamp benefits, even if issued in cash, were among the exemptions, because they would not indicate a primary dependence on the government. Social Security, government pensions, and veterans' benefits also are exempted.

The new rules would expand the definitions, including "non-cash government assistance in the form of aid, services, or other relief." The only exceptions are as follows: